HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31233 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.438 of 2025, under Sections 137(2), 142, 61(2) B.N.S. and 16/17 POCSO Act, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of trial. 4. As per prosecution story, the wife of the applicant is stated to have enticed away the victim and the applicant and his wife are stated to have threatened her to marry the co-accused person Chandra Shekhar, whereby Chandra Shekhar had committed rape with her on 20.06.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. There are allegations against him of threatening the victim only. No allegations of sexual assault have been made against him, as such, it is a clear-cut case of false implication. 6. Learned counsel for the applicant has further argued that the applicant is not named in the FIR either, which was delayed by more than one day at the initiation. There is no criminal history of the applicant. The applicant is languishing in jail since 30.07.2025 and he is ready to cooperate with trial. Versus Counsel for Applicant(s) : Anurag Pandey, Sudarshan Singh Counsel for Opposite Party(s) : G.A. Udaypal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being no allegations against the applicant of having sexually assaulted the victim, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Udaypal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 12, 2025 (Ravi Kant) BAIL No. 31233 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad